It is best to consult with an expert immigration divorce lawyer at The Piri Law Firm if you’re looking for the best legal action to stay in the U.S. after a divorce.
Our immigration divorce lawyers understand that not all marriages last. We can assist you in making the right decision to safeguard your status. To explore your immigration circumstances, get in touch with a qualified immigration divorce lawyer right now.
Can an Immigration Divorce Lawyer Aid in My Divorce?
The solution can be challenging. In general, you should always consult a divorce lawyer if you’re going through a divorce. A divorce attorney will concentrate on family law issues and have the expertise and knowledge necessary to protect your rights. They can also assist you with child custody disputes, alimony, and child support payments.
If it has to do with immigration, such as obtaining a visa or importing relatives from abroad, an immigration lawyer can assist you. It depends on the circumstances, though, when it comes to a complex topic like divorce and immigration. You will only need to deal with a divorce lawyer if you were born here but your spouse was not.
It is essential to speak with an expert immigration divorce lawyer if you’re an immigrant attempting to determine whether you may keep your visa while divorcing. Remember that every circumstance is unique, and contact our immigration divorce lawyer if you have any questions.
Immigration Status and Divorce
The answer to your question is yes if you are an immigrant and are concerned about how your divorce could impact your immigration status. There are three possible ways this may happen.
If everything boils down to you and whether or not you have a green card, if you have a conditional green card, or if you have an unconditional green card. If there’s not a green card in your name, then it can affect your immigration status.
If your marriage ends, you won’t be eligible for permanent residence status through your ex-partner if you don’t hold a green card.
Divorce can make it more difficult to convert a conditional green card to an unconditional green card. An immigration divorce lawyer can assist you with the I-751 Petition to Remove The Conditions Of Residents, which you must submit.
In addition, to be eligible to waive the requirement for joint filing, you must meet specific requirements, such as having been married in good faith before getting divorced and having experienced abuse during that marriage.
Last but not least, if you have an unconditional green card, being divorced or having your marriage annulled won’t negatively affect your status as a lawful permanent resident. However, it can take longer for you to become a citizen of the United States due to the length of a divorce.
Don’t hesitate to get in touch with an immigration divorce lawyer right away if you’re getting divorced and you’re an immigrant.
Help from an Expert Immigration Divorce Lawyer During Your Divorce
If your marital status change before a petition is submitted or need to be updated, The Piri Law Firm can assist you with your immigration issues.
Without the assistance of an immigration divorce lawyer, it may be challenging to resume the process of becoming a citizen of the United States after a divorce has been finalized.
An immigration application is typically pending with the USCIS during a marriage, and if the marriage is dissolved, the immigrant spouse will be considered to be out of status.
This indicates a good chance the immigrant spouse will be excluded from the process once a divorce is finalized. The immigrant will also be granted conditional permanent residence if the marriage is less than two years old and they came to this country to get married; after two years, they will be granted complete permanent residence.
In the event of a divorce, it is also possible for the immigrant spouse to lose their immigration status and be deported.
But ultimately, it depends on how long the marriage lasted and if it was conducted in good faith.
We will assist you in requesting an I-751 waiver to prevent the immigration repercussions of a divorce. In some cases, an I-360 petition for battered spouses under the Violence Against Women Act (VAWA) may be necessary.
Additionally, if your divorce was brought about by your physical or mental abuse and returning to your home country would put an excessive strain on you, you may invoke this waiver. As your legal counsel, we will assist you in coming up with ideas and assembling proof to back up your request for this vital waiver.
Contact our immigration divorce lawyer immediately to set up a consultation if you have any questions or for more information.
Texas Immigration Divorce Lawyer
Immigration repercussions that may result from divorce must be thoroughly investigated and assessed. We can assist you in making the right decision to safeguard your status. To explore your immigration circumstances, get in touch with a qualified divorce immigration lawyer right now.
Contact Michael Piri by phone at (833) 600-0029 or submit your case online. We also provide online or telephone consultations for prospective clients who cannot visit our office.
Citizenship through Marital Bond
You might be able to obtain legal status in the US if you are married to a US citizen or Legal Permanent Resident. Furthermore, you can still be eligible to maintain your legal status if you already hold US residency through marriage but are now going through a divorce or separation.
You do not necessarily lose your legal standing if you get divorced or separated. It is crucial to get in touch with a knowledgeable immigration lawyer who can help you navigate this process. At The Piri Law Firm, Michael Piri has the expertise to defend your case and keep you lawfully seated in this country.
Immigration and Matrimony
Generally speaking, you can petition for citizenship yourself if you are married to a citizen or legal permanent resident of the United States, and you can provide evidence of the legality of your union. However, to obtain a green card through marriage, there are precise standards that must be met as well as deadlines.
Contact Michael Piri or one of the skilled immigration divorce lawyers at The Piri Law Firm if you’re trying to obtain your green card or permanent status through marriage for assistance with the numerous deadlines and paperwork required for this process.
FAQs about Marriage & Immigration
Am I eligible for a green card if I marry an American citizen?
According to the USCIS, you must maintain your marriage from the moment you file until you take the Oath of Allegiance if you are applying for citizenship based on your union with a citizen of the United States.
You must also “live in marital union” with that American citizen for at least three years following the application filing date, according to some spousal naturalization laws. “Living in Marital Union” is defined by USCIS as genuinely residing together.
If you don’t reside with your citizen spouse at the time of filing, throughout the time that you are obliged to live with your citizen spouse, or if your marriage ends at any point before swearing the oath of allegiance, you do not meet the “living in marital union” criterion.
If I marry an LPR, am I eligible for a green card?
If your spouse is a Legal Permanent Resident, the procedures and rules for obtaining a marriage green card are often the same. However, you cannot file your I-485 application if your spouse already has a green card until the Department of State decides that a green card is accessible through the visa bulletin.
How can I make a marriage green card application?
As the spouse of either a U.S. citizen or lawful permanent resident, there usually are three steps involved in applying for a green card. Establishing your married relationship is the first step. The second is using Form I-485 to apply for your marriage green card.
The third and final step is showing up for the green card interview before approval. It’s crucial that you work with a knowledgeable immigration lawyer to guide you through these procedures. Information that is out of date or inaccurate can hurt your immigration application.
What is permanent residency under conditions?
If your marriage to a citizen of the United States was less than two years old when your application was approved, you probably received conditional permanent resident status. Only two years are allowed under this category of immigration status. Before the second anniversary of your admission, you must submit a petition to the USCIS to obtain full permanent resident status.
If your marriage continued strong when the petition was filed, you should be granted full permanent residency. Alternatively, you will lose your conditional residency status and ultimately become deportable if your marriage is no longer legal as of that day.
What is the status of conditional residence?
You are eligible for conditional residence status if you have been married to a US citizen for less than two years. This condition will last for an additional two years. If your marriage is still legal after those two years, you may be granted unconditional legal permanent status.
If you and your spouse file a combined petition on form I-751, the conditional resident status will become permanent after the second anniversary of the prior residency status. It is necessary to submit this form within 90 days of the second anniversary.
Immigration and Divorce
Inconveniently, many marriages end in divorce. Divorces are nasty by nature and can become considerably more so when either party’s immigration status is at stake. There are numerous ways to lose your immigration status due to divorce, even while there are ways to obtain a green card and become a citizen of the United States through marriage.
You should contact our knowledgeable immigration divorce lawyers as soon as possible if you divorce while in the country on a married green card. You must be aware of the potential effects of divorce on your immigration situation. Timing is crucial for both your marriage green card and your divorce, as it is for most of your immigration cases.
What should I do if my spouse claims I filed for divorce in bad faith?
The opposite party will frequently claim that the marriage was entered into “in bad faith” as justification for the divorce in divorce cases if one of the spouses’ immigration status is involved. At its foundation, this accusation states that one spouse believes their noncitizen partner got married to obtain a green card.
This frequently occurs automatically on the part of immigration divorce lawyers as a part of their customary pleadings. Unfortunately, there is no way to remove it if this language is included and the judge approves the divorce agreement. USCIS requests a copy of the divorce decree after it has been submitted and authorized, and it will record any allegations of “bad faith.”
Your spouse cannot sponsor your application due to this allegation. You still have the chance to provide proof of a legal marriage, though. If you find yourself in this predicament, you should contact one of our immigration lawyers immediately. We can assist you in comprehending your legal options and even cooperate with your divorce lawyer to ensure that your testimony is considered.
When the divorce is official, what do I do?
When your divorce is finalized, you must submit the divorce decree and form I-751 to USCIS to lift the restrictions on your right to live there. Additionally, you must submit a Waiver of the Requirement to File a Joint Petition if, at the time your divorce is finalized, you still desire a green card.
You can apply for permanent residency under this waiver without the support of your spouse. The USCIS must also receive several supporting documents. Our immigration divorce lawyers can advise you on the documents you must submit and ensure they are correctly filled out.
What if I get divorced and am an undocumented person?
Divorce does not automatically result in deportation, just as marrying a citizen of the United States does not immediately guarantee citizenship. In actuality, divorce courts are prohibited from contacting ICE, and undocumented immigrants have the same rights as legal permanent residents when alimony is permitted.
It’s crucial to understand that if you’re getting divorced and undocumented, you might also be able to secure child custody, child support, and possibly spousal support.
How will my I-864 Affidavit of Support be affected by my divorce?
When you apply for a marriage green card, your spouse sponsor must sign an Affidavit of Support (Form I-864) proving that you, as the non-citizen spouse, have sufficient financial resources to avoid non-citizen public assistance. In essence, this form specifies that your sponsoring spouse must provide you with financial support that is at least 125% of the US non-citizen.
However, this responsibility expires when one of the following occurs: becomes a citizen, accrues 40 work quarters that count for Social Security, passes away, or departs the country permanently.
The financial duty you have to your sponsored spouse likewise terminates with the death of your sponsoring spouse; nevertheless, it continues after your divorce. When your sponsoring spouse withdraws their Affidavit of Support because they anticipate divorcing you, your permanent resident petition is immediately canceled.
What will happen to my kids if I divorce but am not yet a citizen?
State laws often do not consider immigration status when determining child custody. They’ll try to make decisions that are in the kids’ best interests. However, if removal proceedings are still pending against you, that could affect who ends up with the kids.
Additionally, when deciding what is in the best interest of the children, your ability to work legally, your ability to provide necessities like housing, and your risk of deportation will all be taken into consideration if you are undocumented.
You should speak with an experienced and qualified immigration divorce lawyer if you are divorcing while attempting to change your immigration status and there are children involved. Don’t lose custody of your children because you didn’t know your rights. Contact Michael Piri today to get the help you need.
Call (833) 600-0029 or submit a confidential case submission form today.
